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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-2317 Temp. Reso #11107 December 1, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006- , A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE FORM AGREEMENT WITH THE CITY'S YOUTH SPORT LEAGUES TO PROVIDE FOR ORGANIZED YOUTH SPORTS ACTIVITIES IN THE CITY OF TAMARAC; DELEGATING THE AUTHORITY TO THE CITY MANAGER TO APPROVE FUTURE AGREEMENTS WITH THE SPORTS LEAGUES; FURTHER AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SUCH AGREEMENTS BETWEEN THE CITY OF TAMARAC AND THE CITY'S YOUTH SPORT LEAGUES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the sports leagues provide a substantial benefit to the City of Tamarac by providing organized sport activity; and WHEREAS, in May 2006, the TAF member leagues voted unanimously to dissolve the TAF including the TAF Board effective January 1, 2007; and WHEREAS, the existing TAF agreement expires in January 2007; and WHEREAS, the City of Tamarac and the Youth Sports Leagues have negotiated a new form of Agreement to be utilized for the various leagues, attached hereto as Exhibit 1; and WHEREAS, the Parks and Recreation Director recommends approval; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac, to adopt the form agreement between the City of Tamarac and the Sports Leagues in order to continue to provide for organized sports activities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp. Reso #11107 December 1, 2006 Page 2 SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: That the form sports athletic league agreement is hereby approved. The City Commission further delegates the authority to the City Manager to approve future athletic league agreements in substantial conformity therewith and authorize the appropriate City officials to execute an agreement between the City of Tamarac and the Sports Leagues, a copy of which is attached hereto as Exhibit 1 and incorporated therein. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part of application, it shall not affect the validity of the remaining portions or applications of the Resolution. 1 1 1 Temp. Reso #11107 December 1, 2006 Page 3 SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this � day of E)fC f 0)b f K , 2006. ATMT: t✓ "• "�.'L" it r 1 MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GOREN �. CITY ATTORNEY 4w4v"� 24; i6_6 O- RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO, DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER Temp Reso #11107 Exhibit 1 AGREEMENT BETWEEN THE CITY OF TAMARAC PARKS AND RECREATION DEPARTM AND THE TAMARAC YOUTH SOCCER CLUB. INC. This is an Agreement dated the day of _ , 2007, between the CITY OF TAMARAC, a municipal corporation of the State of Florida, its successors and assigns, (hereinafter referred to as "CITY"), through its City Commission, and TAMARAC YOUTH SOCCER CLUB, INC., its successors and assigns, (hereinafter referred to as "TYSCI" or "League"). WHEREAS, TYSCI is a tax exempt, not for profit corporation, organized and operating pursuant to the laws of the State of Florida or otherwise authorized to do business in the State of Florida, made up wholly of volunteers; and WHEREAS, TYSCI provides substantial benefits to the residents of the City of Tamarac by providing organized sports activities; and WHEREAS, the CITY desires TYSCI to continue such beneficial service; and WHEREAS, increasing demands placed on the CITY's recreational facilities dictate that the relationship between the CITY and TYSCI be formalized so that both parties can efficiently plan recreation programs and the use of CITY facilities; and WHEREAS, these sports activities will be conducted with the aim of providing physical and psychological growth to all participants and members for the recreation of all involved; and WHEREAS, the CITY will provide the athletic fields and facilities upon which the youth soccer league provided for herein can be conducted; and WHEREAS, TYSCI recognizes the need to enter into an agreement with the CITY and TYSCI to identify the respective rights and responsibilities of the parties; and Temp Reso #11107 Exhibit 1 WITNESSETH In consideration of the mutual terms and conditions, promises, and covenants hereinafter set forth, CITY and TYSCI hereby agree as follows: ARTICLE-1 Definitions 1.1 CITY COORDINATOR: Shall mean the person designated by the Director of Parks and Recreation. 1.2 DEPARTMENT: Shall mean the Parks and Recreation Department. 1.3 TYSCI COORDINATOR: Shall mean the TYSCI President or designee appointed by TYSCI. ARTICLE 2 Rules 2.1 TYSCI acknowledges that for purposes of the health, safety and welfare of the participants in all TYSCI activities, such activities are subject to the Rules and Regulations of the CITY including, but not limited to, Tamarac Code § 15-81 through §15-89. 2.2 TYSCI as a private organization, shall establish its own league rules of procedures as well as regulations and requirements. TYSCI will also submit a copy of its league's rules of procedures as well as regulations and requirements to the CITY within the first month of this Agreement. These rules and procedures shall provide for the acceptable and required behavior of coaches, sports participants and spectators and the consequences for violations of such rules and regulations in order to ensure the protection of the health, safety and welfare of the participants and spectators of the TYSCI activities. 2.3 CITY reserves the right to review and object to any document regarding TYSCI based on the health, safety and welfare of the residents, participants and spectators of TYSCI activities and/or the best interests of the CITY. If agreement cannot be reached, Article 6 shall control. 2.4 TYSCI shall be required to comply with all provisions of this agreement, including, but not limited to the provisions of Articles 14 and 15 and paragraphs 17.14 and 17.15. TYSCI is responsible for ensuring such compliance. 2 Temp Reso #11107 Exhibit 1 ARTICLE 3 Permits 3.1 Permits issued by the CITY shall not be required for games and practices of TYSCI. 3.2 The parties agree that preference will be given to Tamarac residents. Pre- registration of Tamarac residents shall be provided by the TYSCI in advance of open registration. CITY will set the enrollment standards based upon facility availability to provide for adequate sports facilities and maintenance thereof for those leagues. 3.3 Special Events Permit: Special Events may include but are not limited to activities that include opening ceremonies, picnics, parties and carnivals, circuses, etc. Any league, association or sports group that requests the use of any CITY facility (i.e., field, picnic area, etc.) for a Special Event shall be required to obtain a permit from the CITY by filing a permit application 14 days in advance, subject to the approval of the City Coordinator. ARTICLE 4 Scheduling/Seasons 4.1 TYSCI will recommend, subject to CITY's approval, all scheduling, length and time of all seasons, in accordance with Exhibit "A'. 4.2 All requests for use of CITY facilities by TYSCI shall be in writing and channeled through the City Coordinator to establish priorities. CITY has the ultimate discretion to approve or reject such requests. ARTICLE 5 Concession Stands 5.1 TYSCI may operate concession stands at Tamarac Park and Tamarac Sports Complex anytime during any activities of TYSCI subject to Section 15-89(d) of the City Code and in accordance with Exhibit "B". ARTICLE 6 Conflict Resolution 6.1 The City Coordinator will resolve all internal conflicts between/among TYSCI and residents. 3 Temp Reso #11107 Exhibit 1 6.2 The TYSCI Coordinator and/or President may appeal any decision of the City Coordinator to the CITY's Director of Parks and Recreation and if not resolved at that level, to the City Manager whose decision shall be final. ARTICLE 7 General TYSCI Information 7.1 TYSCI shall file a list of the Board of Directors of TYSCI, its officers, and those individuals in charge of TYSCI's operation of concession stands with the DEPARTMENT. This corporate annual report shall be filed annually with the DEPARTMENT by March 1st of each year. TYSCI shall file and keep current its constitution, by-laws, and rules and regulations with the DEPARTMENT. Any documents that are changed by TYSCI Board of Directors shall be filed with the CITY within thirty (30) days of the effective date of such modification. TYSCI and member leagues shall also file with the DEPARTMENT on an annual basis a copy of its annual financial reports evidencing all revenues and expenditures. 7.2 CITY reserves the right to audit those revenues and expenditures at any time. ARTICLE 8 Registration Dates/Registration_ Fees 8.1 TYSCI shall recommend, subject to CITY's approval, all registration dates, procedures and fees for all sports activities. 8.2 TYSCI shall be responsible for establishing the registration dates and procedures for its respective sport in coordination with and approval by TYSCI. TYSCI shall publish public advertisements for all registration dates. All registration shall take place in a public building or area designated by the DEPARTMENT. Registration dates, procedures and location are subject to the approval of the City Coordinator or designee. 8.3 TYSCI shall obtain approval of those registration dates, fees and procedures from DEPARTMENT before the advertisement of registration dates, locations and fees. a. A non-resident fee of Forty ($40.00) Dollars per participant family per year shall be charged. This fee will be collected by the City. Participant must show proof of fee payment at time of member league registration. b. Tamarac Little League and Challenger nonresident participants shall be Exempt from the nonresident fee. Little League participants shall pay the Nonresident fee when participating in any other Tamarac League. 4 Temp Reso #11107 Exhibit 1 ARTICLE 9 Selection of Coaches and Officials 9.1 TYSCI shall establish guidelines and criteria for the selection of coaches and officials. CITY approval of those guidelines for the protection of the health, safety and welfare of the participants, spectators and residents of the CITY shall be obtained before the assignment of coaches and officials can be made to any team. 9.2 TYSCI shall submit to DEPARTMENT a list of coaches and officials, participants, as well as addresses for all persons registered for each sport. 9.3 All TYSCI coaches and volunteers shall undergo and successfully complete a background investigation conducted by the City. See Article 14. 9.4 For the protection of the health, safety and welfare of the participants, spectators and residents of the CITY, all TYSCI coaches and volunteers must complete a CITY sponsored volunteer training clinic. ARTICLE 10 Boundaries (This is specific _to, Little League) 10.1 TYSCI shall recommend, subject to CITY's approval, boundaries for its sport on an annual basis. ARTICLE 11 Advertising 11.1 TYSCI shall submit to CITY all items to be advertised three weeks prior to an event or activity, and be subject to DEPARTMENT's approval. 11.2 DEPARTMENT reserves the right to modify or change the advertising of TYSCI. ARTICLE 12 Background Investigations 12.1 For the health, safety and welfare of the residents of the CITY as well as the participants and spectators of the activities, in accordance with the Jessica Lundsford Act and such other similar legislation, the CITY shall bear the cost of background investigations for all volunteers and employees of TYSCI. Background investigations shall be performed on all coaches, including assistant coaches, all referees and umpires, all team parents, and all league board members. 12.2 In accordance with any and all relevant laws, and for the health, safety and welfare of the participants, spectators and residents of the CITY, the CITY reserves the Temp Reso #11107 Exhibit 1 right to exclude any coaches from participation in the program and interaction with the children on the CITY's fields, including assistant coaches, any referees or umpires, any team parents, and any league board members. 12.3 Four weeks before the season starts, TYSCI shall submit all required background investigation paperwork for any coaches, including assistant coaches, all referees and umpires, all team parents, and all league board members to the Department for processing. ARTICLE 13 Insurance 13.1 GENERAL: TYSCI shall not commence work under this agreement until it has obtained all the insurance required underthis agreement, and such insurance is in a form and amount that has been approved by the CITY's Risk Manager as further provided in Exhibit C. TYSCI shall be responsible for delivering to CITY the Certificate of Insurance for approval. TYSCI shall name the City of Tamarac as an additional named insured on the Certificate of Insurance. TYSCI's Certificate of Insurance shall be attached and included in this agreement. All insurance policies shall be issued by companies duly licensed to write business insurance policies in the State of Florida and shall be rated A VII or better by A.M. Best's Key Rating Guide. Further, CITY shall be named as an additional named insured on all insurance policies (except Workers' Compensation). Certificates of each policy, together with a statement by the issuing company to the extent that said policy shall not be canceled without sixty (60) days prior written notice received by CITY, and shall be delivered to CITY for review and approval. Insurance coverage specified herein constitutes minimum requirements and said requirements shall in no way lessen or limit the liability of TYSCI under the terms of this agreement. TYSCI shall procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance that, in its own judgment, may be necessary for proper protection in the completion of its work. Please see Exhibit C for requirements. 13.2 The League will ensure that all subLeague's comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 13.3 League shall indemnify and hold the City harmless for any damages resulting from failure of the League to take out and maintain such insurance. League shall be responsible for payment of all deductibles and self-insurance retentions on League's Liability Insurance policies. Temp Reso #11107 Exhibit 1 ARTICLE 14 Term 14.1 TERM: The term of this agreement shall be for one calendar year beginning January 1, 2007and shall expire December 31, 2007. (subject to change per league). 14.2 RENEWAL TERM: This agreement maybe renewed at the sole option of CITY for a one (1) year period by mutual agreement of TYSCI and CITY. Notice will be provided by CITY to TYSCI pursuant to Article 17.10. Neither CITY nor TYSCI shall have any obligation to exercise any additional term. ARTICLE 15 Miscellaneous Provisions 15.1 GOVERNING LAW AND VENUE: This Agreement shall be governed by the laws of the State of Florida. This agreement shall be considered consummated in Broward County, Florida. All actions brought hereunder shall be brought exclusively in Broward County, Florida. 15.2 TIME IS OF THE ESSENCE: Time shall be deemed to be of the essence concerning this agreement whenever time limits are imposed herein for the performance of any obligations by any of the parties hereto, or whenever the accrual of any lights to either of the parties hereto depends on the passage of time. 15.3 RIGHT TO REQUIRE PERFORMANCE: The failure of CITY, at any time, to require performance by TYSCI of any provisions herein shall in no way affect the rights of CITY thereafter to enforce the same. Nor shall waiver by CITY of any breach of any provisions herein be taken or held to be a waiver of any succeeding breach of such provisions or as a waiver of any provisions itself. 15.4 INSPECTION OF FIELDS AND FACILITIES: CITY agrees to provide fields and/or facilities in a usable, maintained condition. TYSCI agrees to use due diligence in inspecting the fields and/or facilities prior to all events. If any observable hazard to the health, safety and welfare of the participants or spectators is detected, the activity shall immediately cease or not commence unless suitable, corrective/alliterative measures are instituted. TYSCI shall promptly notify the City Coordinator or his designee of any such deficiencies detected. 15.5 FORCE MAJEURE: Neither TYSCI nor CITY shall be liable for the failure to perform its duties if such failure is caused by a riot, water, governmental order or regulation, strike, act of God, or other similar or different contingency beyond the reasonable control of TYSCI and CITY. N Temp Reso #11107 Exhibit 1 15.6 APPROVAL BY CITY COMMISSION: This agreement shall not be considered fully executed or binding or effective on CITY until the same is approved and accepted by the City Commission of the City of Tamarac in an open meeting as required by law and approved by TYSCI executive board and approved by CITY. After such approval and acceptance, CITY will deliver to TYSCI a certified copy of the agreement as evidence of the authority of the person authorized to bind CITY to the terms, covenants and provisions of this agreement and to perform the same in accordance here with. 15.7 COMPLIANCE WITH LAWS: TYSCI, its officers, agents, volunteers, and contractors, shall abide by and comply with all laws, federal, state, and local. It is agreed and understood that, if CITY calls the attention of TYSCI to any such violations on the part of TYSCI, its officers, agents, employees, or subcontractors, then TYSCI shall immediately desist from and correct such violation. 15.8 ENTIRE CONTRACT: This agreement constitutes the entire agreement and understanding between the parties relating to the subject matter, and it shall not be modified, altered, changed, or amended in any respect unless done so in writing and approved by TYSCI and the CITY. 15.9 NOTICES: Notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered, whether or not actually received, when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party at the address set forth below: CITY: TYSCI City Manager Tamarac Youth Soccer Club, Inc. City of Tamarac 7302 Westwood Drive 7525 N.W. 88th Ave. Tamarac, FL 33321 Tamarac, FL 33321-2401 (954) 597-3510 With a copy to: City Attorney City of Tamarac c/o Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd, Suite 200 Fort Lauderdale, Florida 33308 (954) 771-4500 15.10 GOOD FAITH: CITY and TYSCI agree to continue to work together in good faith and to coordinate their efforts to maintain and improve the level and quality of organized sports activities. E:3 Temp Reso #11107 Exhibit 1 15.11 MUTUAL CONSENT: Both parties to this agreement have had full opportunity to review and draft this agreement. Further, both parties have had full opportunity to review this agreement with their respective legal counsel. Both parties have had an opportunity to participate in the finalization of this agreement and all provisions have been agreed to by mutual consent. 15.12 WAIVER OF POWERS AND REGULATIONS: This agreement shall not be taken or held to imply the relinquishment or waiver by CITY of its power to make other reasonable requirements or regulations pertaining to the subject matter hereof, and CITY hereby expressly reserves the right to make all regulations which may be necessary or proper to secure the health, safety, welfare and accommodation of the public, including but not limited to, the right to adopt and enforce regulations to protect and promote the health and general welfare of the public from danger and inconvenience in the management and operation of adult and youth sports activities detailed herein. Nothing herein contained shall constitute a waiver of any of the requirements of the rules and regulations adopted by CITY, including the right to make such changes and amendments to said rules and regulations as said CITY may deem to be advisable and necessary to protect the public health and general welfare of its inhabitants. 15.13 INDEMNIFICATION: The League shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the League or its officers, employees, agents, subLeagues, or independent Leagues, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. i. The League shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of League under the indemnification agreement. E41 Temp Reso #11107 Exhibit 1 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or §768.28, Florida Statutes, as amended from time to time. TYSCI and member leagues agree to indemnify, defend and hold harmless the City, its elected officials, authorized agents, officers, volunteers and employees against any and all claims arising from TYSCI and member leagues acts or omissions and for any costs or expenses, including attorney's fees incurred by the City as a result of any such claim. 15.14 DISCRIMINATION: During the performance of the agreement, TYSCI shall not discriminate against any volunteer because of race, religion, color, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The CITY will take affirmative action to ensure the volunteers are treated during their stay without regard to their race, religion, color, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to the following: recruitment and selection for training. 15.15 INDEPENDENT CONTRACTOR: This agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that TYSCI is an independent contractor under this Agreement and not the CITY's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. TYSCI shall retain sole and absolute discretion in the judgment of the manner and means of carrying out TYSCI's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of TYSCI, which policies of TYSCI shall not conflict with CITY, State, or United States policies, rules or regulations relating to the use of TYSCI's funds provided for herein. TYSCI agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between TYSCI and the CITY and the CITY will not be liable for any obligation incurred by TYSCI, including but not limited to unpaid minimum wages and/or overtime premiums. 15.16 ASSIGNMENTS. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by TYSCI without the prior written consent of CITY. However, this agreement shall run to the CITY and its successors and assigns. 10 Temp Reso #11107 Exhibit 1 15.17 BINDING AUTHORITY. Each person signing this agreement on behalf of either party individually warrants that he or she has the full legal power to execute this agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this agreement. 15.18 HEADINGS. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this agreement. 15.19 SEVERABILITY. If any provision of this agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 15.20 COUNTERPARTS. This agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. AGREEMENT BETWEEN THE CITY OF TAMARAC AND TAMARAC YOUTH SOCCER CLUB, INC. Date: Attest: Marion Swenson, CMC, City Clerk 11 CITY OF TAMARAC, FLORIDA By: Beth Flansbaum-Talabisco, Mayor By: Jeffrey L. Miller, City Manager Date: APPROVED AS TO FORM: Samuel S. Goren, City Attorney Temp Reso #11107 Exhibit 1 AGREEMENT BETWEEN THE CITY OF TAMARAC AND TAMARAC YOUTH SOCCER CLUB, INC. Date: TAMARAC YOUTH SOCCER CLUB, INC. Juan C. Lopez Jr., President STATE OF FLORIDA ) COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared JUAN C. LOPEZ Jr, PRESIDENT OF TAMARAC YOUTH SOCCER CLUB INC., to me known to be the person described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal this day of 120 Notary Public, State of Florida Printed, typed or stamped name of Notary Public Personally known to me, or Produced identification: (Type of I.D. produced) ❑ Personally known to me, or ❑ Produced identification ❑ Did take an oath, or ❑ Did not take an oath 12 Temp Reso #11107 Exhibit 1 EXHIBIT "A" Scheduling TYSCI shall follow the scheduling deadlines for each sport. The purpose of these various deadlines is to provide as much advance information as possible to the DEPARTMENT for use of overall scheduling. 1. On the recommendation of TYSCI, the DEPARTMENT will set and regulate the number of participants for each league or sports activity. 2. TYSCI shall submit to DEPARTMENT a list of the number of teams contemplated playing in ITS sport. DEPARTMENT will review and make final determination of TYSCI's request. 3. Four weeks before the season starts, TYSCI shall submit ITS sports league dates and times TYSCI requests for its games and practices for approval by DEPARTMENT. 4. TYSCI shall submit the actual schedule of its teams and games at the start of each season to DEPARTMENT. 5. CITY reserves the right to change, or cancel any sports activity or special event, due to inclement weather, conflicting schedules, or maintenance emergencies, or for any reason that is in the best interest of CITY. 13 Temp Reso #11107 Exhibit 1 EXHIBIT "Boo Concession Stands TYSCI member leagues shall operate concession stands during the season that the athletic facilities are used. TYSCI member leagues will be responsible to conform to all local health regulations and shall secure all permits and inspections required by applicable health authorities. Nothing shall be sold in glass containers at the concession stands. 2. TYSCI member leagues shall obtain and maintain all appropriate licenses and insurance as it relates to cooking or serving open food items. 3. TYSCI member leagues shall be responsible for all repairs of their equipment or as a result of use. 4. If TYSCI member leagues contracts the concession stand services to a private vendor, the private vendor shall obtain all necessary state, county and city licenses, permits, and insurance. The CITY reserves the right to approve all contracts. 5. TYSCI member leagues shall provide a list of all private vendors utilized by TYSCI to Occupational Licensing 45 days prior to the event, for licensing purposes only. 6. TYSCI member leagues shall file a list of the Board of Directors, its officers and those individuals in charge of TYSCI's operations of concession stands with the DEPARTMENT. 7. No person shall operate a concession, or offer for sale, or donate any service, article or thing, nor shall any person station or place on park property any stand, cart, or vehicle for the transportation, sale or display of any such article or thing. Exception is hereby made as to any regularly licensed concession or other person engaging in such activities as approved by CITY. 14 Temp Reso #11107 Exhibit 1 Exhibit C Sports League Insurance Requirements TYSCI agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to TYSCI, its employees, agents, or sub leagues, if any, with respect to the work and services described herein. TYSCI shall obtain at TYSCI's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Purchase Order/Agreement. TYSCI shall maintain such insurance in full force and effect during the life of this Agreement. TYSCI shall provide to the City's Risk Manager Certificates of all insurance required under this section prior to beginning any work under this Agreement. TYSCI shall indemnify and save the City harmless from any damage resulting to it for failure of either TYSCI or any sub league to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the TYSCI agrees to maintain during the term of this contract: Limits Line of Business/ Coverage Occurrence Aggregate Commercial General Liability Including: Premises/Operations Contractual Liability Personal Injury Medical Expense Products/Completed Operations Automobile Liability (as applicable) 15 $1,000,000 $1,000,000 $1,000,000 $1,000,000 Temp Reso #11107 Exhibit 1 Sports Accident Medical Expense $25,000 (Including Participants, Volunteer Coaches and Parents, and Referees) Directors and Officers Liability/E&O or Compatible Coverage including $1,000,000 $1,000,000 sexual abuse and molestation Workers' Compensation & Employer's Statutory Liability (If Applicable) The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither TYSCI nor any sub league shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The TYSCI will ensure that all sub leagues will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be licensed to do business in Florida. "Occurrence" form policies are required. Each carrier will give the City sixty (60) days notice prior to cancellation. TYSCI's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". TYSCI shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the TYSCI purchase a bond to cover the full amount of the deductible or self -insured retention. If TYSCI is to provide professional services under this Agreement, TYSCI must provide the City with evidence of Directors & Officers Liability/E&O/Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims - Made" forms are acceptable for Professional Liability insurance. A copy of proof of insurance MUST be submitted to the City's Risk Manager prior to commencement of this contract.